31 F. 231 -

31 F1d 231

Case Text

THE

GREENPOINT.

231

THE GREENPOTh"T. 1 MURPHY and others

(Diltrict Oourt, 8. D.

1.

t1.

THE GREENPOIN'1'.

'}fl,

York. April

1887.)

COLLISION-STEAMERS-LEAVING PIER-UNJUSTIFIABLE START.

The steamer G. R. left her pier in theEQst riv.er on the ebb-tide, as the tug Greenpoint was coming up about themiddle of the stream, and nearly abreast of the pier. The G. R. blew two blasts to indicate that she would go ahead of the tug, to which the latter replied with two. In the strong tide the G. R. drifted a little down and, before she got headed up river, collided with the Greenpoint, which "backed, but was unable to avoid collision. Held, that the start of the G. R. was dangerous and unjustifiable, having reference to the, position of the, Greenpoint, unless she should proceed slowly, and go astern of the tug; Jhat the tug was' at first entitled to assume that the G. R. could keep out of her way by.going ahead, and when danger was apparent the tug did what she could to avoid collision. which was all that was required of her. notwithstanding her previous assenting' signals; and that this assent meant only that sbewould do nothing to embarrass the G. R. in keeping out of the way by going ahead of her. ' The inspectors rules as to whistles do not repeal or supersede the old rules of navigation enacted by congress, and still applicable' to harbors, and do not purport to do so. Two whistles, assented to, do not shift the burden of keep· mg outof the way. The duty to stop and ba.ck arises Wholly from the da.nger of c011lsion, and begins when that danger is obvious. It is the same whether the prior tJ!gnal was of one blast or two.
RULES-RULES Oll' CONGREas-ASSENTING SIGNALS.

I.

8.

SAllE-INTERNATIONAL RULEs.....;ApPLIOABILITY TO HAJmOBS.

Thll new international rules are not applicable to harbors in merely local navigation.

BRoWN, J. 1. The Grand Republic, in leaving the slip at pier 24, East river, hell-ding straight across the' river, and bound eastward, was required by the rules of to kl:lep out of the way of other vessels coming up from below, because' they were on her starboard hand. In: the strong ebb she could not avoid sagging down some, and the evidence showsshe did so. The Greenpoint was not over 200 feet below her, and was probably less, when the Graud Republic started. 'fhe Greenpoint was then in mid-river, where the law required her to be, and , was nearly abreast of pier 24. 2. The event shows that the start of the Grand Republic was dangerous and unjustifiable in the strong ebb, havihg reference to the position of the Greenpoint in mid·river, nearly abrea.<\t of pier 24, i. e., unless she should proceed slowly, and go astern of the Greenpoint. She was to blame for undertaking to go ahead of the Greenpoint; .under such circumstances. She s,tarted to go out of the slip upon her own responsibility, without any. previous Signal or assent from the Greenpoint. The Bd8ttYn, Olcott, 408,412; The Bellevil1.e, Newb. Adm. 500; The N(!1'e:aB, 23 Fed. Rep. 456; The Darcy, 29 Fed. 644· .3. The Greenpoint'B answer by two blasts to the Grand Republic's preI

Repol'ted by Edward G. Benedict, Esq., oftbe New York bar.

232

FEDERAL REPORTER.

vious signal of two blasts, when the latter was out of the slip, or partly 'Out of it, did not of itself change any of the legal obligations of the Greenpoint, nor shift the burden of keeping out of the, under the old rules of navigation relating to harbors; nor did it relievE! the Grana Republic of her duty to keep out/of the way by her own maneuvers alone, nor guaranty the success of her maneuvers. City of Hartford, 11 Blatehf. 72; The Garden Oity, 19 Fed. ,Rep. 529, 531;. The Garrick, 20 Fed. Rep. 649; The Payne, Id;650. The inspector's rules as to whistles do not repeal or supersede the rules of navigationenacted' by congress,' and do not purport to do ao. Article 19 of the .new International Rules is not applicable to harbors in merely local navigation. See Act of March 3, 1885, preambleand section 2. 4. The duties of the Greenpoint were, first, to keep her course; and, 8econd, to do what she could to avoid collillionwhen the danger of it became apparent. The latter duty precisely the same, whether the previous assenting signals were of one blast or of two blasts. The Nereu8, 23 Fed. Rep. 456. 5. I. catinot find, upon theproofs"an,y satisfactory evidence of fauW in the Greenp.oint. She could not tell precisely what the Grand Republic do in her maneuvers. As soon, I think, as the danger of colwas lision wasl!-pparent, the Greenpoint stopped and reversed. She .did so as soon, I think, as could reasonably have been judged necessary, considering what the Grand Republiqatfirst would be presumed able to do. For a certain time the Greenpoint had a right to rely upon the ability of the' Grand Republic to do what she undertook to do, viz., go ahead without injury to the Greenpoint. Per BETTS, J., The Argus, Olcott, 313; The Baltic, 2 Ben. 98; The Ulster, 1 Mar. L .. Cas. 234; The Servia, 30 Fed. Rep. 502. . stopped very soon,. if not at once, after the first signal The of two whistles, and in a few secondsitfterwards she reversed. This was, I think, all that 'was reasonably reqUired of the tug, her captain not at first knowing just what the Greenpoint could do in turning. Her porting at the last was a wise maneuvet, and evidently' prevented greater damage. .. ., The libel must be dismissed, with costs.

THE GRATITUDE. 1 THE HART

CoLLISION-VltllSELS MANEUVER. fl.

HENRY PRESTON.

Sr.

THE GRATITUDE and, another.

IMPROPER

(Diltriot Oourt, S. D. New York. April 14, 1887.)
IN Tow-HIGH WIND- UNMANAGEABLE Tow The tug G., having started out from a wharf in the East river in a high wind, with a heavy car-float in tow turned the float partly around before